“Justice delayed is justice denied — expanding the bench is the first step toward justice delivered.” — Judicial reform principle
The Union Cabinet, chaired by Prime Minister Narendra Modi, approved on 5 May 2026 a proposal to introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament. The Bill seeks to raise the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India (CJI). Once enacted, the total bench strength — inclusive of the CJI — will rise from 34 to 38.
The move is aimed at improving the Supreme Court’s capacity to manage its growing caseload, which has crossed 92,000 pending cases. The announcement was made by Union Minister Ashwini Vaishnaw. This will be the seventh revision to the Supreme Court (Number of Judges) Act, 1956 — the last being in 2019, when the bench was raised from 31 to 34.
⚖️ Constitutional and Statutory Basis
The Supreme Court of India was established on 26 January 1950, coinciding with the commencement of the Constitution, under Part V (The Union). Article 124(1) provides that the Supreme Court shall consist of a Chief Justice of India and such number of other judges as Parliament may, by law, prescribe. Crucially, the strength of the Supreme Court is not fixed in the Constitution — it is determined by Parliamentary legislation, giving Parliament flexibility to expand the bench as judicial needs evolve.
Exercising this authority, Parliament enacted the Supreme Court (Number of Judges) Act, 1956, which originally capped the bench at 10 judges excluding the CJI (total: 11). The Constitution at inception in 1950 had envisaged only a Chief Justice and seven puisne judges — a bench of eight — and all judges sat together (en banc) in the early years. As India’s population and litigation grew, Parliament progressively expanded the sanctioned strength through successive amendments.
Judges are appointed by the President of India under Article 124(2), based on recommendations of the Supreme Court Collegium — comprising the CJI and the four most senior judges of the court.
Think of the Supreme Court bench like seats in a classroom. The Constitution (Article 124) says: “Parliament decides how many seats there are.” Parliament passed a law in 1956 to fix the number. Over the years, as more students (cases) arrived, Parliament kept adding seats (judges) by amending that law. The 2026 Bill adds four more seats — taking the total from 34 to 38.
Article 124(1) = Parliament fixes the number of SC judges by law.
Article 124(2) = President appoints SC judges on Collegium’s recommendation.
Governing statute = Supreme Court (Number of Judges) Act, 1956.
📜 Historical Expansion of the Supreme Court Bench
The Supreme Court’s bench has been expanded multiple times since 1950, each revision reflecting rising judicial demand and caseload growth. The 2026 proposal — adding four judges — is the largest single expansion since 2009.
| Year | Total Strength (incl. CJI) | Judges excl. CJI |
|---|---|---|
| 1950 (Constitution) | 8 | 7 |
| 1956 (Act enacted) | 11 | 10 |
| 1960 | 14 | 13 |
| 1978 | 18 | 17 |
| 1986 | 26 | 25 |
| 2009 | 31 | 30 |
| 2019 | 34 | 33 |
| 2026 (Proposed) | 38 | 37 |
📌 The Caseload Crisis: Why More Judges Are Needed
The immediate trigger for the 2026 amendment is the Supreme Court’s mounting backlog. As of early 2026, over 92,000 cases are pending before the apex court — up from approximately 59,000 when the 2019 amendment was made, a rise of more than 50% in seven years. These cases span constitutional disputes, criminal appeals, civil matters, and Public Interest Litigations (PILs).
India’s broader judicial backlog is even more acute. As of March 2026, total pending cases across all levels crossed 55.8 million, with over 49 million (85%+) pending in district courts alone. High courts carry a combined backlog of approximately 5.9 million cases. India’s judge-to-population ratio stands at approximately 15 judges per million people — far below Canada’s ~65 per million. The Law Commission has recommended a target of 50 judges per million population.
In 2025, the Supreme Court announced it would restrict oral arguments to a maximum of 15 minutes per case from 2026 — the first such time limit in the court’s history — to improve throughput. The increase in judge strength complements such procedural measures.
Over 85% of India’s judicial backlog sits in district courts — not the Supreme Court. This Bill addresses only the apex court’s capacity. Does India need a bottom-up reform strategy more urgently than a top-down expansion? The Law Commission’s recommendation of 50 judges per million (vs. 15 today) suggests the entire system, not just its apex, needs structural intervention.
✨ How the Amendment Will Work in Practice
The Supreme Court functions primarily through two types of benches:
- Division Benches (2 judges) — for most regular matters
- Constitutional Benches (5 or more judges) — for cases involving substantial questions of constitutional interpretation
The ability to constitute multiple benches simultaneously is directly dependent on the number of available judges. With only 34 judges (including CJI) and frequent vacancies due to retirements and the collegium appointment process, the court has at times been unable to constitute the required number of Constitutional Benches.
Adding four judges to reach 38 allows the court to run more Division Benches in parallel and — critically — to constitute additional Constitutional Benches without reducing regular bench capacity. However, experts caution that real-world impact will depend on how quickly the new posts are filled. High court vacancies, for context, hover at around 40% of sanctioned strength, illustrating that sanctioned posts and filled posts are very different things.
Don’t confuse these numbers:
— The Bill amends 33 → 37 (judges excluding the CJI)
— The total bench becomes 34 → 38 (judges including the CJI)
Exam questions often use one or the other. Remember: the statute always counts excluding CJI; the commonly cited “total strength” includes CJI.
📖 Key Provisions and Procedural Next Steps
The Cabinet’s approval clears the path for the Bill’s introduction in Parliament. The legislation will amend Section 2 of the Supreme Court (Number of Judges) Act, 1956, replacing the figure “33” with “37” (excluding the CJI).
Since this is a Parliamentary enactment — not a constitutional amendment — it requires only a simple majority in both Houses and presidential assent, rather than the two-thirds majority and state ratification required for constitutional amendments under Article 368. Once passed, the President appoints new judges on the recommendation of the Supreme Court Collegium. All expenditure — judges’ salaries, staff costs, and infrastructure — is charged to the Consolidated Fund of India under Article 266.
🌍 Limitations and Broader Reform Context
While the expansion is broadly welcomed, judicial reform experts note that increasing judge numbers alone cannot resolve the systemic causes of pendency. Key limitations include:
- Procedural delays: Frequent adjournments, slow document processing, and manual record-keeping in lower courts persist regardless of bench strength at the apex level
- Government as litigant: Central and state governments account for approximately 50% of all pending cases; reforms in government litigation policy could reduce filings substantially
- Lower court crisis: This legislation addresses only the Supreme Court — the far larger backlog in district courts and high courts is untouched
- Article 224A: Allows the CJ of a High Court to appoint retired judges as ad hoc judges — the SC has recently called on high courts to use this tool more actively
- AIJS proposal: The All India Judicial Service — which would centralise recruitment for the district judiciary — remains under policy discussion as a structural intervention
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The Bill raises strength from 33 to 37 judges excluding the CJI, making the total bench (including CJI) 38. Always distinguish between the statutory number (excl. CJI) and total strength (incl. CJI).
Article 124(1) provides the constitutional basis: the SC shall consist of CJI and such number of other judges as Parliament may by law prescribe. Article 124(2) covers appointments.
The Supreme Court (Number of Judges) Act was enacted in 1956. It originally capped strength at 10 judges excluding CJI (total 11). The 2026 Bill will be its seventh revision.
The 2019 amendment raised total SC bench strength from 31 to 34 (i.e., from 30 to 33 excluding CJI), following a letter from CJI Ranjan Gogoi to Prime Minister Modi.
Since this is an ordinary Parliamentary enactment — not a constitutional amendment — it requires only a simple majority in both Houses plus presidential assent. Article 368 (two-thirds majority + state ratification) does not apply.
